RESOLUTION OF THE BOARD OF DIRECTORS OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of May 17, 2013 No. 138

About approval of Methodical instructions to the modernized automated information subsystem "The credit register"

For the purpose of implementation of the resolution of Board of National Bank of the Republic of Kazakhstan of April 28, 2012 No. 174 "About approval of Rules of representation by banks of the second level, the Development Bank of Kazakhstan Joint-stock company and the organizations performing separate types of banking activities, the reporting under loans and contingent obligations" and also determinations of the used terms and reference books for submission of information on subjects of credit history, the Board of directors of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Methodical instructions to the modernized automated information subsystem "The credit register".

2. This resolution becomes effective from the date of its acceptance.

3. To department of statistics (Dzhakambayeva K. S.) bring this resolution to the attention of the interested divisions of central office, departments of National Bank of the Republic of Kazakhstan and Consolidation of legal entities "Association of financiers of Kazakhstan".

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Galiyeva D. T.

Approved by the resolution of the Board of directors of National Bank of the Republic of Kazakhstan of May 17, 2013 No. 138

Methodical instructions to the modernized automated information subsystem "The credit register"

1. General provisions

These Methodical instructions are developed for the purpose of implementation of the resolution of Board of National Bank of the Republic of Kazakhstan of April 28, 2012 No. 174 "About approval of Rules of representation by banks of the second level, the Development Bank of Kazakhstan Joint-stock company and the organizations performing separate types of banking activities, the reporting under loans and contingent obligations" and determine concepts, indicators, reference books for creation of credit history of borrowers, procedure for representation by banks of the second level, the organizations performing separate types of banking activities, and JSC Development Bank of Kazakhstan (further - suppliers of information) information on credit history of borrowers in the automated information subsystem "The credit register" (further - AIP "Credit Register").

AIP "Credit Register" - the electronic database which contains information on all to the issued and outstanding loans (including written off from balance) and to contingent obligations until the termination of requirements to the borrower (co-borrower).

The unit of measure used in case of creation of reports is established in integers, it is specified in tenge if other is not established. The amount of less 0,5 is rounded to zero, and the amount equal to 0,5 above, is rounded to unit. Coefficients are represented with two signs after comma.

2. Terms and determinations

2.1. Authorized body - National Bank of the Republic of Kazakhstan.

2.2. Bank - the legal entity, being bank which according to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks) is competent to perform banking activity.

Within Methodical instructions, it is necessary to carry to banks: banks of the second level, including Islamic banks, JSC Development Bank of Kazakhstan.

2.3. The non-bank organization - the legal entity, not being bank which based on the license of Committee on control and supervision of the financial market and the financial organizations (further - Committee) or according to the laws of the Republic of Kazakhstan is competent to carry out separate types of the banking activities provided by the Law on banks.

Within Methodical instructions it is necessary to carry to the non-bank organizations: the mortgage organizations and the affiliated organizations of national managing holding in the field of agro-industrial complex having the license of Committee for banking loan activities.

2.4. Loan - banking loan activity, provision by bank, non-bank organization of money on the terms of the paid nature, urgency and recoverability. For the purpose of AIP "Credit Register" the loan (credit) is understood as implementation by bank, non-bank organization of banking loan, leasing, factoring, forfaiting activities, implementation by Islamic bank of the transactions specified in subitems 3), 4) and 5) of Item 1 of article 52-5 of the Law on banks and also accounting of bills of exchange (for the organizations which are performing separate types of banking activities, and having the license for implementation of banking loan activities the credit is understood as implementation of banking loan activities), transactions "the Return repo".

2.5. Contingent obligation - the obligation which recognition is possible only in case of approach (not approach) of one or more uncertain future events, accepted by bank (the non-bank organization) for benefit of the third parties and bearing the credit risks of the client following from terms of the contract.

2.6. Credit history - set of information on the subject of credit history which is kept in AIP "Credit Register".

2.7. The agreement on loan granting (the agreement of bank loan), contingent obligation - the agreement according to which the bank or the non-bank organization represents the credit within implementation of banking loan, leasing, factoring, forfaiting, accounting activities, contingent obligation or the agreement signed by Islamic bank within implementation:

banking loan activities: loan granting in cash on the terms of urgency, recoverability and without remuneration collection;

financings of trading activity as the reseller with provision of commercial credit;

financings of productive and trading activity by participation in the authorized capital of legal entities and (or) on the terms of partnership;

investing activities on the terms of leasing (lease).

2.8. The guarantee agreement - the written agreement according to which the guarantor shall before the creditor (bank or the non-bank organization issuing the credit) for the accomplishment complete or partial, the borrower of the obligation according to the credit agreement. Indispensable agreement party of the guarantee is the guarantor, other creditor together with the borrower.

2.9. The bank guarantee is obligation of bank to make payment of certain amount to the receiver on guarantee in case of presentation of request for payment to them in accordance with the terms of guarantee.

2.10. Nonresidents - physical persons, legal entities, their branches and representations which according to the Law of the Republic of Kazakhstan of June 13, 2005 "About currency control and currency exchange control" are not residents, the international organizations if the international (interstate) agreement about their organization does not determine other, diplomatic and other official representations of foreign states.

2.11. The co-borrower - the physical person or legal entity which is signing the loan agreement (credit) together with the borrower, and acting according to the loan agreement (credit) as the solidary actionee of obligations on return of the received money and complete payment of the obtained loan (credit), including remuneration and other payments on the credit.

3. Structure of AIP "Credit Register"

Subject of credit history are legal entities and physical persons (including individual entrepreneurs), being residents and nonresidents of the Republic of Kazakhstan who are subdivided into roles depending on their status in credit history.

3.1. Information on the subject of credit history

3.1.1. Information on the subject of credit history contains information on legal entities, individual entrepreneurs and physical persons.

Individual entrepreneurs are reflected in the block on legal entities. In case of receipt of consumer loan by the individual entrepreneur for own purposes the individual entrepreneur is reflected in the block on physical persons.

Lawyers and notaries are reflected in physical persons.

3.1.2. On legal entities and individual entrepreneurs the following information is reflected:

3.1.3. On physical persons, lawyers and notaries the following information is reflected:

3.2. Information on the agreement

3.2.1. Information on the agreement contains data on the agreement and providing.

3.2.2. Under the agreement the following information is reflected:

3.3. Information on servicing of loan (contingent obligation)

3.3.1. Information on servicing of loan (contingent obligation) contains:

information on the current obligations of the borrower and movement of means for the accounting period;

information on reserves (provisions) created according to requirements of international accounting standards on portfolio basis;

information on reserves (provisions) created according to requirements of authorized body for the homogeneous credits.

3.3.2. Information on the current obligations of the borrower and movement of means for the accounting period contains the following data:

3.3.3. Information on reserves (provisions) created according to requirements of international accounting standards on portfolio basis contains the following data:

3.3.4. Information on reserves (provisions) created according to requirements of authorized body for the homogeneous credits-1, contains the following data: